What constitutes an undertaking by a fiduciary?

Ontario, Canada


The following excerpt is from Gilani v. BMO Investments Inc., 2021 ONSC 3589 (CanLII):

The undertaking may be the result of the “express or implied terms of an agreement” but that is not the only possible source of an undertaking by a fiduciary: Galambos v. Perez, 2009 SCC 48, [2009] 3 S.C.R. 247, at para. 77.

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